Utility in Patent Law

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Utility In Patent Law
Title 35 of United States Code section 101 states: “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, ….”
Thus, 35 U.S.C. 101 serves to ensure that patents are granted on only those inventions that are "useful." Further, Article I, Section 8 of the Constitution authorizes Congress to provide exclusive rights to inventors to promote the "useful arts."
Specific and Substantial Utility
According to the manual for patent examining procedure of the United States Patent and Trademark Office USPTO an invention has a well-established utility if:
i a person of ordinary skill in the art would immediately appreciate why the invention is useful based on the characteristics of the invention, that being the properties or applications of a product or process, and
ii the utility is specific, substantial, and credible.
Specific Utility
A specific utility is specific to the subject matter claimed and can provide a well-defined and particular benefit to the public. This contrasts with a general utility that would be applicable to the broad class of the invention. Distinction should be made between situations where an applicant has disclosed a specific use for or application of the invention and situations where the applicant merely indicates that the invention may prove useful without identifying with specificity why it is considered useful. For example, indicating that a compound may be useful in treating unspecified disorders, or that the compound has "useful biological" properties, would not be sufficient to define a specific utility for the compound.

Substantial Utility
An application must show that an invention is useful to the public as disclosed in its current form, not that it may prove useful at some future date after further research. To satisfy the substantial utility requirement, an asserted use must show that the claimed invention has a significant and presently available benefit to the public.
United States Patent and Trademark Office agency of Department of Commerce. 2020, 06 25. 2107 Guidelines for Examination of Applications for Compliance with the Utility Requirement R-11.2013. Retrieved 09 16, 2022, from uspto.gov: https://www.uspto.gov/web/offices/pac...

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